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1991-12 . . . RESOLUTION NO. OL-91-012 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT AND VARIANCE FOR FOR THE PURPOSE OF A GARAGE AND STORAGE AREA IN A DETACHED ACCESSORY STRUCTURE OF 710 SQUARE FEET AND 16' IN HEIGHT, AND ALLOWING FOR A 7' STREET SIDE YARD SETBACK ,FOR PROPERTY LOCATED AT 2018 W. 14TH STREET (CASE NO. 91-073-MIN/V; PHILIP RIGANO) WHEREAS, Philip Rigano, applied for a Minor Use permit and Variance to allow a detached accessory structure for the purpose of a 3 car garage and storage area at 16' in height and 7' street side yard setback, for a total of 710 sq. ft. as required by Section 30.48.040, Band G, Chapter 30.74 Use Permits, and Chapter 30.78 Variances, of the City of Encinitas Zoning Ordinance; WHEREAS, a public hearing was conducted on the application, by the Olivenhain Community Advisory Board on June 18, 1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Site plan, elevations and landscape plan dated /April 22, 1991 first floor plan, second floor plan, and elevations submitted by the applicant; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff report (91-073-MIN/V) dated June 12,1991 which is on file in the Department of Planning and Community Development; and Additional written documentation. b. c. d. e. LN/40/319wp 7 . . . NOW THEREFORE, BE IT RESOLVED by the Olivenha,in Community Advisory Board of the City of Encinitas that the Minor Use permit is hereby approved subject to the following findings: A. That the land use and design proposed are consistent with the general plan since detached accessory structures of this nature are allowed in this rural zone and is consistent with similar uses in the same zone and area. B. The location, size design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: ( 1) The adequacy of public facilities, services and utilities to serve the proposed project since they are available; (2 ) The suitability of the site for the type and intensity of use or development which is proposed, since it is presently a rural residential zone; and ( 3) The harmful effect, if any, upon environmental quality and natural resources of the City, since the use is a common accessory use to a single family dwelling use; or C. The impacts of the proposed project will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this Code, since it is proposed to be constructed to match the ~xisting dwelling, and it will be solely for the private use of the family and friends and not for rental; and D. If the variance is granted, the project complies with all other regulations, conditions or policies imposed by this Code. BElT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: 1. This approval will expire on June 18, 1991, two years after the approval of this project unless the conditions have been met or an extension has,been approved by the Authorized Agency; 2. This approval may be appealed to the authorized agent within 15 days from t~e date of this approval; LN/40/319wp 8 . . . 3. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; 4. At no time during the effective period of this permit shall the applicant be delinquent in the paYment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; 6. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; 8. Nothing in this permit shall authorize the applicant intensify the authorized activity beyond that which specifically described in this permit; to is 9. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance; 10. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable; 11. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 12. All Permits from other agencies will be required when applicable; and 13. Project is approved as submitted and shall not be altered without Community Advisory Board review and approval. LN/40/319wp 9 . . . BE IT ALSO RESOLVED, by the Olivenhain Community Advisory Board that the Variance is hereby APPROVED in accordance with the following findings: A. A variance from the terms of the zoning ordinances shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Evidence: There appears to be no special circumstances of the property that would make it difficult for the applicant to construct the detached garage/storage structure at the required IS' setback. However, since the purpose of the set back is to allow for adequate visual access entering and leaving the private access easement, and there is considerable dense, high vegetation existing in the required 15' setback at this time, the need for the structure to be setback for better visual access is already negated by the landscape that currently blocks that visual access. Since there is adequate room on site to provide the required 15' street side yard setback, it cannot be said that the site has special circumstances of size, shape, topography, or location, however to require that the structure be setback the IS' will not provide the visual access anticipated due to the location, and size of the existing dense, mature vegetation. B. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. Evidence: The granting of this variance would not authorize a use or activity not expressly authorized by the zoning regulations governing this property since the use of a garage and storage area is a common accessory use to a single family dwelling unit. LN/40/319wp 10 . . . c. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan; which would be of less significant impact to the site and adjacent properties than the project requiring a variance. 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to consti tute a rezoning or other amendment to the zoning code; or 4. Would authorize or legalize the maintenance of any private or public nuisance. Evidence: The need for the variance can be avoided by resiting the structure so as to accommodate the required 15' street side yard setback. The present proposal is a better design for the applicant because it allows for more usable backyard/outdoor recreation area for the single family use. Therefore, it may be able to be argued that this development plan would be of less significant impact to the site and adjacent properties than the project not requiring a variance. The need for the variance is self- induced by the appl~cant in order to save more usable yard area. The request would not constitute a rezoning or other amendment to the zoning code, and would not authorize a private or public nuisance. BE IT FURTHER RESOLVED that the Minor Use Permit and Variance 1. are approved subject to the following ADDITIONAL conditions: 2. LN/40/319wp The detached accessory structure of 710 square feet at a maximum height of 16' will be allowed for the purpose of a three car garage and storage area and shall be limited to the private use of the family and friends and shall not be rented. The proposed structure will be constructed and painted to match the existing single family residence on the site as shown on the plans dated April 22, 1991 and on file in the Department of Planning and Community Development. 11 . . . 3. A covenant shall be recorded in the office of the County Recorder agreeing that the structure may not be rented. 4. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway.. Permanent numbers shall be affixed to this marker. 5. Prior to final development approval, the applicant shall submit to the Planning Department a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. PASSED AND ADOPTED following vote, to wit: Ayes: Nays: Absent: Abstain: ATTEST: this 18th day of 1991, by the June, Boardmembers DuVivier, Perkins, Van Slyke, Post, Schafer None None None Charles DuVivier, Chairman of the Olivenhain Community Advisory Board / C ,,', / C. ~ ¿' ;(r" LI :'c~aNIi)~'s";/ ' , <", ~ Associate Planner LN/40/319wp 12